PEDEGO® AIRSTREAM® ELECTRIC BIKE GIVEAWAY
Official Rules – No Purchase Necessary to Enter or Win
A Purchase Does Not Increase Your Chances of Winning. Open to Legal Residents of the 50 United States and D.C., excluding Rhode Island, 18 Years of Age or Older and Legal Age of Majority. Void in Rhode Island and Where Prohibited.
The following Official Rules (“Official Rules”) govern the PEDEGO® AIRSTREAM® PEDEGO ELECTRIC BIKE GIVEAWAY (the “Promotion”). Official rules and other information relating to the Promotion can be found at the Thor Industries, Inc. website ( https://www.airstream.com/contest-terms-conditions/pedego-giveaway-201707 ) (the “Website”).
By participating in this Promotion in any way, you fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all matters relating to the Promotion. Any award of a Prize is contingent upon fulfilling all requirements herein.
- Sponsor and Administrator
This Promotion is sponsored by Airstream, Inc., 419 West Pike Street, Jackson Center, OH 45334-0629 (“Sponsor”) and is administered by Spark Communications Group, LLC, 250 North Milledge Ave., Athens, GA 30601 (“Administrator”). The Prize is contributed by Pedego Electric Bikes, 11310 Slater Avenue, Fountain Valley, CA 92708 (“Prize Contributor”). Sponsor, Administrator, and Prize Contributor are sometimes collectively referred to as the “Promotion Entities” in these Official Rules.
- Social Media Platform
The Promotion Entities will promote the Promotion via Facebook and Instagram (the “Social Media Platform”). However, the Promotion is not sponsored by, endorsed by, or otherwise affiliated with the Social Media Platform. The Promotion is subject to the terms and conditions of the Social Media Platform or any other social media platform on which it is promoted. You agree to comply with the terms of service of the Social Media Platform you use to enter the Promotion. You understand and agree that any information you submit to Sponsor in connection with your entry into this Promotion is being submitted to Sponsor.
- Dates of Promotion and Entry Period
Entrants may submit entries only from 9 a.m. Eastern Daylight Time on August 4, 2017 through 11 p.m. Eastern Daylight Time on August 19, 2017 (the “Entry Period”).
The Prize Winner will be announced on August 21, 2017 (the “Notification Date”) via a post on the Official Airstream Facebook page (www.Facebook.com/Airstream).
- Who is Eligible to Enter this Promotion
To be eligible to enter this Promotion, you must, at the time of entry:
- Be a legal resident of one of the 50 United States or the District of Columbia, except Rhode Island;
- Be 18 years of age or older and legal age of majority in the applicable jurisdiction;
- Be the Authorized Account Holder (defined below) of a valid e-mail account registered in your legal name;
- Agree to be bound by the terms and conditions of these Official Rules and the Sponsor’s decisions in all matters relating to the Promotion.
Entries will be disqualified if they do not meet these criteria; the criteria set forth in Section 5 below; otherwise do not comply with these Official Rules; are submitted from outside the eligible geographic areas; or are from where such entries are restricted or prohibited by law.
Employees, directors, officers, and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Promotion Entities, and their respective parent companies, subsidiaries and affiliates, dealers and distributors and companies involved in the implementation and execution of this Promotion are not eligible.
As used in these Official Rules, “Authorized Account Holder” of an e-mail account means the natural person assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the address.
- How to Enter the Promotion
To enter the Promotion, you must, during the Entry Period by submitting a Qualifying Entry as follows:
- visit https://www.airstream.com/contest-terms-conditions/pedego-giveaway-201707
- click “Enter For A Chance To Win”,
- complete the entry form (you must provide all requested information),
- submit the entry by clicking the button provided, and
- otherwise satisfy the terms and conditions of these Official Rules.
Only one entry per person is allowed.
Sponsor shall determine, in its sole and absolute discretion, whether your submission is a Qualifying Entry, and Sponsor reserves the right to reject any entries which do not comply with these Official Rules.
You are solely responsible for any charges, fees, or taxes which may be charged by third parties in connection with your participation in the Promotion, including but not limited to data, connection, and Internet services charges. If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone's capabilities, data charges may apply according to the terms and conditions of your service agreement with your wireless carrier.
The Promotion Entities will disqualify any entrant and void any entries that either Sponsor or Administrator determines, in its sole discretion, to have violated these Official Rules. You may not: submit more than the number of entries allowed by these Official Rules; use automated or robotic means to submit entries; attempt to obtain more than the permitted number of entries by using multiple/different e-mail addresses, identities, registrations, accounts, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services; or otherwise violate these Official Rules or the terms of service of any Social Media Platform visited or used in connection with this Promotion.
Final eligibility for the award of any Prize is subject to eligibility verification as set forth below.
All entries must be posted by the end of the Entry Period in order to participate. Administrator will use Sprout Social to monitor the Promotion and to determine when entries are submitted. The clock on the Sprout Social service will be the official time keeper for this Promotion.
Sponsor may not receive entries that fail to strictly follow the instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Promotion.
- The Prize
One (1) prize winner will receive one PEDEGO® AIRSTREAM® Electric Bike (the “Prize”).
Any Prize details not specified above will be determined by Sponsor, in its sole discretion. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any Prize awarded. Restrictions, conditions, and limitations may apply.
There is only one Prize. The approximate retail value (“ARV”) of the Prize is $3,295. The ARV of the Prize represents Sponsor's good faith and final determination. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Sponsor, will ship the Prize to the respective Prize Winner’s legal residence as identified in the winning entry via commercially reasonable means and at no cost to the Prize Winner. The Prize will be transmitted or shipped to the respect Prize Winners four (4) to six (6) weeks after the Prize Winner is announced. Upon written request by the Prize Winner, Sponsor may, in its sole discretion, agree to ship the Prize to another location preferred by the Prize Winner. Risk of loss passes from Sponsor to Prize Winner upon delivery.
Except for those costs, expenses or fees Sponsor expressly agrees to waive or pay herein, the Prize Winner will be responsible for any and all other taxes, costs, expenses or fees which may apply, including, without limitation, income tax.
No Prize may be transferred and the Prize must be accepted as awarded. The Prize Winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute the Prize with another prize of equal or greater value (or substitute components of the gift basket) if Sponsor determines, in its sole discretion, the Prize or a component thereof is unavailable for any reason.
- Selection and Notification of Prize Winner; Additional Terms and Conditions
The Prize Drawing will be held on August 19, 2017. At that time, Sponsor will draw one (1) potential winner at random from all eligible entries received (the “Potential Winner”).
Your odds of winning depend on the number of Qualifying Entries received.
On the Notification Date, the Administrator will send notice to the Potential Prize winner at the email address identified in the Potential Winner’s Qualifying Entry (the “Notice”).
Sponsor shall not be obligated to award a Prize to the Potential Winner unless the Potential Winner accepts and satisfies each of these additional terms and conditions (except to the extent which may be prohibited by law) within ten (10) days from the date Administrator sends the Notice to the Potential Winner (the “Notice Period”):
- The Potential Winner must contact Administrator in the manner specified in the Notice and acknowledge receipt of same;
- The Potential Winner must provide to Administrator proof of eligibility in the form requested by and acceptable to the Promotional Entities in the Notice or in subsequent communications (which information may include, in the Promotional Entities’ sole discretion, proof of identity, legal residence, age, Social Security Number, phone number; proof of the Potential Winner’s status as the Authorized Account Holder of the account associated with the email address identified in the Qualifying Entry; and/or any other proof requested by the Promotional Entities to verify the entrant’s compliance with these Official Rules);
- If requested by a Promotional Entity, the Potential Winner must complete, sign and return an IRS W-9 form; and
- The Potential Winner must execute and return to Administrator an affidavit of eligibility in a form provided by Sponsor, which includes a liability release and a publicity release.
If the Potential Winner satisfies these requirements (as determined by Sponsor in its sole judgment), the Potential Winner will be deemed the “Prize Winner” and shall be awarded a Prize.
The Potential Winner may be disqualified and an alternate potential winner may be selected from the Qualifying Entries on the basis of the judging criteria set forth above if: (a) the Potential Winner does not respond to Administrator within the Notice Period; (b) the Potential Winner does not, within the Notice Period, provide to Administrator all information it requests, consistent with these Official Rules, within the Notice Period; (c) Sponsor or Administrator determines, in good faith and in its own discretion, circumstances otherwise indicate that attempts to contact the Potential Winner will be futile (for example, the email address submitted in the Qualifying Entry is inactive); or (d) the Potential Winner fails to satisfy the terms and conditions herein. All other requirements, terms, and conditions set forth in these Official Rules will be enforced. The Promotional Entities are not responsible for errors or failures of messages sent or received via any electronic communications platform or device.
- Sponsor’s Intellectual Property Rights; Limited License
AIRSTREAM® and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks are owned or used under license by Airstream, Inc. PEDEGO® and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks are owned or used under license by Prize Contributor. You shall not acquire any rights in the intellectual property or other rights of any Promotion Entity. All rights not expressly granted are reserved.
- Your Intellectual Property, Likeness, Privacy and Publicity Rights; Limited License
You agree, upon being selected as a Potential Winner, that each Promotional Entity may publish, display, copy, use, alter and distribute the your name, likeness, photograph, voice, opinion, statements, and biographical information, edited or unedited, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration (unless otherwise prohibited by law).
- Your Representation and Warranties
You, by entering any entry in the Promotion, represent and warrant that: (a) you satisfy the eligibility requirements; (b) that your entry satisfies the requirements of a Qualifying Entry; and (c) your entry otherwise complies with these Official Rules, the terms of service of the Social Media Platform which you in connection with the entry, and all applicable laws.
- Exclusion of Warranties
Sponsor is not responsible for technical or human error or for technical failures which may occur in the administration of the Promotion for any damages to person or property that may be caused, directly or indirectly, by your entry into the Promotion.
The Prize may be subject to a limited warranty provided by its manufacturer. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, fitness for a particular purpose, or its condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WARRANTY EXPRESSLY MADE HEREIN, SPONSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPONSOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY, CLAIM, LOSS, LOST PROFITS OR DAMAGES UNLESS EXPRESSLY PROVIDED FOR HEREIN.
- Limitation of Liability, Indemnification, and Release
By entering the Promotion, you agree to release, discharge, indemnify, defend, protect, and save each and all Promotion Entities, any Social Media Platform(s) you used in connection with the Promotion (for example, Facebook and/or Instagram), their parent companies, subsidiaries and affiliated companies, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements of whatsoever kind and nature (collectively, “Claims”) including legal fees and expenses imposed on, incurred by, or asserted against the Released Parties in any way relating to the Promotion; any entry you submit or submitted in relation to the Promotion; and, if awarded a Prize, any Claims arising out of the use and possession of the Prize by you or third parties, all to the fullest extent permitted by law. Potential Claims include, but are not limited to: (a) Claims as a result of latent or patent defects in a Prize; (b) Claims for infringement of trademark or copyright, contributory infringement, false light, invasion of privacy, portrayal in a false light, defamation, and infringement of any right of publicity; and (c) tort claims of any kind, including Claims for injury or damage to property, or injury or death to any person arising out of the your entry in the Promotion, your acceptance, use or possession of a Prize, and/or any publicizing by a Released Party of the award of the Prize to you. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- General Conditions
In the event that the operation, security, or administration of the Promotion is impaired in any way, Sponsor may, in its sole discretion: (a) suspend the Promotion in order to address the impairment and resume the Promotion at a later date; or (b) award the Prizes from among the Qualifying Entries received up to the time of the impairment.
Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who interferes or tampers with the operation of the Promotion, violates these Official Rules, violates the terms of service of the Social Media Platform used to submit an entry, or otherwise acts in a disruptive or unsportsmanlike manner.
Sponsor’s failure to enforce any terms of these Official Rules shall not act as a waiver of that term.
In the event of a dispute as to the owner of an e-mail account or Social Media Platform account used in connection with (or identified in) an entry, the Authorized Account Holder of the account will be deemed to be the owner. Any Potential Winner may be required to show proof of being the Authorized Account Holder. Entries that are incomplete or corrupted are void. Sponsor is not liable for misdirected entries. Acknowledgment of receipt of an entry does not constitute any representation as to Promotion eligibility or that the entry is a Qualifying Entry and merely indicates that applicable entry has been received.
If any provision of these Official Rules shall be held or deemed to be illegal, inoperative, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be of no force or effect, but shall not affect any other provisions of these Official Rules, nor render any other provision invalid, inoperative, or unenforceable to any extent whatsoever.
- Governing Law and Jurisdiction
This Promotion is subject to applicable federal, state, and local laws and regulations and is void in Rhode Island and where prohibited.
These Official Rules will be governed by the laws of the State of Ohio (without regard to conflict of law principles).
Any proceeding arising out of or relating to the Promotion (including the application, enforcement, and/or construction of these Official Rules) must be brought in a court of competent jurisdiction in Shelby County, Ohio. By entering into this Promotion, you irrevocably consent and submit to jurisdiction in any such court.
- Obtaining List of Winners or Copy of Official Rules
For the name of the Prize Winners or a copy of the Official Rules, please send your request to [email protected] and the applicable request and a self-addressed, stamped, #10 envelope to the Administrator at the address identified above, attn: AIRSTREAM, INC. PEDEGO AIRSTREAM ELECTRIC BIKE GIVEAWAY. Requests must be received within one (1) year of the end of the Promotion.
Persons may e-mail questions concerning the Promotion and the Official Rules to [email protected].
Dated July 31, 2017